Are you fed-up with how the Canadian government is treating the Cree First Nation of Beaver Lake?
Do you think that they have the right to #Consultation?
Then we ask your help by re-posting this video, use the hashtags so we can find you, and/or donate to the Beaver Lake Cree. Thank you!
The Crowd vs. Tarsands Mining in Canada
Beaver Lake Cree Nation is challenging the governments of Canada and Alberta for breaking their treaty promises by allowing 19,000 permits for mineral developments (mostly tar sands mining) on their territory. For more information, check here.
In 2008, Beaver Lake Cree Nation (BLCN) filed a legal action against the governments of Canada and Alberta over the constitutional standing of numerous projects, including tarsands development – one of the world’s largest and most carbon-intensive energy developments. The high-stakes action represents a precedent in the Canadian court system. The Beaver Lake Cree case will be the first time the court is asked to delineate what counts as too much industrial development in the face of constitutionally protected treaty rights.
The conflict is between the promise in Treaty 6, which was signed in 1876 between the imperial Crown and First Nations. The treaty guarantees and affirms BLCN’s inherent right to hunt, trap, fish, and gather in perpetuity throughout their traditional territory and beyond, and the government’s allowable use of lands.
It took five years of battling just to get the case to go to trial. Having welcomed a veritable cavalcade of tarsands projects over the last couple of decades, Alberta and Canada have fought this legal action every step of the way. The two governments applied for a motion to dismiss the case, calling it “frivolous, improper and an abuse of process.” But the courts disagreed – both the Court of Queen’s Bench and at the appeals level – and said no further “delaying tactics” should be permitted.
The key issue is now going forward to trial: because of Crown authorizations, swaths of Beaver Lake Cree’s traditional territory no longer support the Nation’s way of life. Habitats have been fragmented and lands and waters have been degraded in ways that impede the Beaver Lake Cree’s meaningful exercise of treaty rights.
“Beaver Lake’s case raises pressing issues of fundamental importance to the Treaty relationship and reconciliation, but not yet considered by the courts: to what extent does Treaty 6 protect a meaningful way of life, and to what extent is the Crown obligated to consider cumulative effects on the meaningful practice of that way of life when it authorizes development?” noted Karey Brooks, legal counsel for the Beaver Lake Cree, in a press release last November.
The Nation can no longer ignore the impact to their land and way of life. As I explain on raventrust.com, “Canada and Alberta have issued more than 19,000 individual authorizations (permits), which have translated into 300 individual industrial projects that take up more than 90 per cent of Beaver Lake Cree traditional territory. As a result, the once-pristine forest and hunting grounds are now covered with over 35,000 oil and gas sites, 21,700 kilometres of seismic lines, 4,028 kilometres of pipeline, and 948 kilometres of road – with devastating effects on wildlife populations like the woodland caribou and fish species.”
“Alberta and Canada argue that they are doing their diligence in their due process to consult with First Nations. What the Beaver Lake Cree Nation seeks is not an arbitrary process, but rather consent as affirmed in the UNDRIP Article 19,” explains Crystal Lameman, treaty coordinator for the Beaver Lake Cree.
“What the Beaver Lake Cree Nation seeks is not an arbitrary process, but rather consent as affirmed in the UNDRIP Article 19.”
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) mandates that “States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.”
“Yet Alberta is asking for an exemption of in-situ projects from federal regulation, and that downstream emissions from the burning of fossil fuels be excluded from the regulatory review process, on the grounds that they already are subject to an onerous environmental review process of in-situ oilsands development through the Alberta Climate Leadership Plan (ACLP),” says Lameman. “What Alberta fails to mention is that the ACLP does not provide for protection of Treaty rights, omits cumulative effects and does not consider emissions from the combustion of Alberta oil outside of the province’s borders, [like] downstream emissions.”
On the supply side, the ACLP still allows emissions from the production of the tarsands to increase 47.5 per cent above 2014 levels. And Canada’s and Alberta’s carbon emissions calculations focus only on domestic carbon pollution. Neither the Alberta emissions cap nor the Pan-Canadian Framework on Clean Growth and Climate Change account for the emissions caused by burning exported Canadian fossil fuels – mainly Alberta oil.
“Emissions play a role in the cumulative effects of climate change and environmental impacts, therefore impacts to treaty rights. Thus, First Nations should be involved in decision-making, but we are not – and this is what we seek,” adds Lameman.
“Where 80 per cent of all future oilsands growth will be from in-situ development, Canada’s largest industrial project cannot be dismissed from any environmental assessment. The majority of in-situ oilsands development in Alberta is in Treaty 6 (west) territory and that of the territory of the Beaver Lake Cree,” Lameman continues.
After spending five years in the court system defending their right to even bring this case forward, the Beaver Lake Cree have recently asked the court to order Canada and Alberta to pay a portion of Beaver Lake Cree’s trial costs in advance. This is the same mechanism that made it possible for the Tsilhqot’in to sustain nearly two decades of litigation and to win their historic title case. A hearing on the Advance Costs Order was held in February in Edmonton. Now the Beaver Lake Cree are awaiting the judge’s ruling.
We’re inviting Canadians to donate to the case at www.tarsandstrial.com. Helping to fund the case would allow the Beaver Lake Cree to use their scarce resources to benefit the community. It would be an injustice if lack of funds created an impenetrable barrier to the judicial recognition of Beaver Lake’s rights.
Susan Smitten is the executive director of RAVEN (Respecting Aboriginal Values & Environmental Needs), a Victoria-based non-profit charitable organization that provides financial resources to assist Aboriginal Nations within Canada in enforcing their rights and title to protect their traditional territories and the environment.
Beaver Lake Cree First Nation is taking on the tarsands – Canada’s fastest growing source of climate pollution. Tar sands extraction is poisoning the water, eliminates whole forests, and decimates traditional food sources for the Beaver Lake Cree people. Politicians won’t challenge the power of the tar sands industry, but together we can. Support their case or help them share the message.
Precedent Setting Case
The Beaver Lake Cree Nation is the first ever case to challenge and be granted a trial on the cumulative impacts of industrial development and they have a hearing on February 19, 2019. Their goal is:
Not one project, not one mine: all of them at once must go.
This hearing will determine whether they will be granted the financial means to go to trial, and your support is vital. If they win, we all win.
The Beaver Lake Cree homeland has been scarred and polluted by an incredible number of tar sands projects. Oil and gas wells and infrastructure have displaced the moose and elk. Drainage from the winning of tar sands has polluted the water. Caribou may be driven to extinction in this region within 10 years.
What is the accusation?
Beaver Lake Cree Nation is accusing the governments of Canada and Alberta for breaking their treaty promises. They have allowed over 19 000 permits for mineral developments (mostly tar sands) on their territory. These fossil fuel projects threaten the way of life of the Beaver Lake Cree, by polluting and fragmenting the land and water that have sustained them for centuries.
On February 19th the hearing will be held. Will they get justice to be able to carry on?
Join the movement
It’s time to join forces to protect the environment, climate, and Indigenous People’s right to Free, Prior, and Informed Consent.
The power of the crowd
The individual cannot change history, but together as individuals we can.
You can contribute to this case by donating money and share the message.
What’s at stake for Indigenous peoples is at stake for all of us. Justice, balance, protecting local communities from further harm, and a livable climate.
Last week, Alberta Premier Rachel Notley announced a cut in tar sands production.
A drop in prices for dirty bitumen has been blamed on lack of pipeline capacity, which has been blamed on RAVEN Trust. Besides this, RAVEN Trust has enjoyed other major accomplishments: an overview.
RAVEN Trust’s Accomplishments
By backing Indigenous Nations in court, RAVEN Trust stopped Enbridge. Together with and thanks to the Tsleil Waututh, Squamish, Coldwater and Secwepemc Nations. All these collaborated to stop the (formerly Kinder Morgan) TransMountain pipeline expansion.
Over a Million Canadian Dollars
By harnessing the power of cutting edge, digital organizing, tools, RAVEN Trust invited dedicated people to help. These people supported by donating, fundraising online, and organizing events. These people helped to raise over a million dollars (and counting) to fund game-changing court cases. These cases have forced the government and industry to take Indigenous rights seriously.
A Winning Streak in the Canadian Courts
At this moment in history, Indigenous First Nations are on an unprecedented winning streak in the country’s courts. These wins are setting powerful precedents that will reshape our common future.
The impact of RAVEN Trust’s work writes the landscape.
Held Off Open Pit Mining
RAVEN Trust prevented two major pipelines from transforming the Pacific coast into a fossil fuel export superhighway. They have held off open pit mining in the Tsilhqot’in. They have sent LNG giant Petronas packing. And they pushed back against industrial development of the Yukon’s pristine Peel Watershed.
RAVEN Trust Circle of Allies
RAVEN Trust started the ‘Circle of Allies’. The time is now. Together we pull harder, because the gains made are counterbalanced by a ruthless fossil fuel industry. This fossil fuel industry grows more desperate as its climate impact becomes irrefutably clear.
While the world teeters on the brink of climate catastrophe, the cost of inaction is just too great.
We can wallow in despair or we can use our collective power to turn the tide.
RAVEN Trust invites people to join their Circle of Allies, with the following message:
Please commit to help Indigenous Nations see groundbreaking legal challenges through, all the way from inception to eventual success: find out more about our Circle of Allies.
The Crowd Versus is honored and proud to work with this powerful organization.